CWP/11498/2025 on 13 October 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11498 of 2025

Date of Decision: 13.10.2026 _____________________________________________________________________ M/s Gowthami Aquachem Private Ltd.

……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? Yes.

For the Petitioner: Mr. Vikas Chauhan, Advocate.

For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondents-State.

Mr. Sanjeev Sharma, Advocate, for respondents No.6. ___________________________________________________________________________

Sandeep Sharma, J. (Oral)

By way of instant petition, petitioner has prayed for the following main reliefs:- “a) Issue an appropriate writ, order, or direction to the Respondent No. 4 to 6 to grant exemption from payment of Change of Land Use Charges to the Petitioner, M/s Gowthami Aquachem Private Limited, in respect of its upcoming industrial building/unit at Up-Mohal Jatpur, Tehsil Mehatpur (Basdehra), District Una, Himachal Pradesh.

b) Issue an appropriate writ, order, or direction to the Respondent No.4 to 6 to convey/demand the Planning Permission Fee from the Petitioner, M/s Gowthami Aquachem Private Limited, in respect of its upcoming industrial building/unit at Up-Mohal

Jatpur, Tehsil Mehatpur (Basdehra), District Una, Himachal Pradesh

c) Issue an appropriate writ, order, or direction, directing the Respondent No.4 to 6, to grant the final sanction in respect of industrial unit/building of the petitioner at Up-Mohal Jatpur, Tehsil Mehatpur (Basdehra), District Una, Himachal Pradesh without levying any Change of Land Use charges, in strict compliance with the Himachal Pradesh Industrial Investment Policy, 2019 (as amended upto date).”

2. Precisely, the case of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vikas Chauhan, learned counsel for the petitioner, is that despite there being communication dated 07.01.2025 (Annexure R-3) (available at page 130 of the paper book), issued under the signatures of Assistant Town Planner, Sub-Divisional Town Planning Office, Una, District Una, addressed to respondent No. 6, i.e. Executive Officer, Municipal Council, Santoshgarh, Sub-Tehsil Mehatpur, Basdehra, District Una, Himachal Pradesh, for deposit of Rs. 50,07,705/- on account of change of land use and building permission fee in respect of petitioner-company, demand is not being raised from the petitioner.

3. Besides above, another grievance of the petitioner is that respondents No. 4 to 6 are under an obligation to grant exemption from payment of change of land use charges to the petitioner in respect of its upcoming industrial building/unit at Up-Mohal Jatpur, Tehsil Mehatpur (Basdehra), District Una, in terms of Himachal

Pradesh Industrial Investment Policy, 2019 (hereinafter referred to as the “Policy”).

4. Before this Court could proceed to hear and decide the case at hand, learned counsel for the petitioner, on instructions, fairly states that he has instructions not to press prayer of the petitioner with regard to exemption from payment of change of land use charges as per Policy, 2019 at this stage, as a result thereof, only issue, which requires to be decided in the case at hand, is with regard to the demand, if any, to be raised by respondent No. 6 for payment of change of land use and building permission fee.

5. Respondent No. 6, in its reply to the petition, has stated that since local residents are opposed to the construction/establishment of the industry, which is a chemical plant, needful has not been done in terms of communication dated 07.01.2025 received from the office of Town and Country Planning Department, Himachal Pradesh.

6. Mr. Sanjeev Sharma, learned counsel for respondent No. 6, though fairly admits that industrial unit already stands established on Khasra Nos. 1316, 1317, 1318, 1342, 1343, 2184, 2185, 2187 and 2188, Up-Mohal Jatpur, Sub-Tehsil Mehatpur, District Una, but industrial production is yet to commence.

7. It is not in dispute that provisional sanction already stands accorded to the petitioner vide communications dated

31.12.2024 (Annexure P-6) and 18.02.2025 (Annexure P-12), issued under the signatures of the Director, Town and Country Planning Department, Himachal Pradesh, who is otherwise the competent authority to accord sanction for building in the area concerned.

8. Since industry is being set up within the jurisdiction of Municipal Council, Santoshgarh, District Una, communication dated 07.01.2025 (Annexure R-3) has been addressed to respondent No. 6, i.e. Executive Officer, Municipal Council, Santoshgarh, District Una, Himachal Pradesh, to raise a demand for a sum of Rs. 50,07,705/- towards change of land use and building permission fee from the petitioner, but interestingly, same is not being raised, as a consequence of which, final approval, which is to be granted by the Town and Country Planning Department, is delayed.

9. Once sanction for constructing industrial complex/building in the area, which falls within the jurisdiction of Municipal Council, Santoshgarh, is to be given by the Department of Town and Country Planning, it is not understood how and on what grounds respondent No. 6 can refuse to raise the demand. Objections, if any, with regard to setting up of the industry in the area concerned are not to be considered by Municipal Council, Santoshgarh, rather appropriate authority, if any, in that regard is industrial development or the HP Pollution Control Board, which has already granted consent to establish the industrial unit.

10. Case file reveals that Pollution Control Board has already granted consent to establish, meaning thereby, all necessary concerns with regard to pollution, which may occur on account of commercial production, have been taken note of by the Pollution Control Board.

11. Leaving everything aside, consent to operate is yet to be given by the Pollution Control Board and as such, appropriate forum, if any, for the residents to raise objections to the setting up of the industry would be to approach the Pollution Control Board that too after commencement of industrial production. Be that as it may, since with the receipt of a sum of Rs. 50,07,705/-, respondent No. 6 is going to fetch a substantial amount which can be used for the development of the area, coupled with the fact that it has no role whatsoever in granting permission to set up the industry/building, raising of the demand cannot be delayed on the ground of objections, if any, raised by the local residents.

12. Consequently, in view of the above, this Court disposes of the present petition with a direction to respondent No. 6 to raise the demand in terms of communication dated 07.01.2025 (Annexure R-3) expeditiously, preferably within a period of 10 days and thereafter, petitioner-company shall deposit demanded amount within a period of days, enabling the Department of Town and Country Planning/competent authority to consider the case of the petitioner for final sanction. Liberty is reserved to the petitioner to file appropriate proceedings in the appropriate Court of law for redressal of its grievance with regard to exemption of change of land use fee in terms of Policy, 2019.

13. In the aforesaid terms, the present petition is disposed of along with pending applications, if any.

(Sandeep Sharma),

Judge

October 13, 2026 (sunil)